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XAVIER BECERRA Attorney General of California JANE ZACK SIMON Supervising Deputy Attorney General CAROL YNE EvANS Deputy Attorney General State Bar No. 289206
455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-1211 Facsimile: (415) 703-5480
Attorneys.for Complainant
FILED STATE OF CALIFORNIA
MEDICAL BOARD OF.CAniFORNIA SACFJ~MENTO ffpo ( D 20..L.1 BV:_Lk._~:!) . ANALYST
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
Phillip Gilmore Wright, M.D. 8060 Surrey lane Oakland, CA 94605
Physician's and Surgeon's Certificate No. G 17389,
Respondent.
Case No. 800-2016-024002
ACCUSATION
20 Complainant alleges:
21 PARTffiS
22 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official
23 capacity as the Executive Director of the Medical Board of California, Department of Consumer
24 Affairs (Board).
25 2. On or about September 24, 1969, the Medical Board issued Physician's and Surgeon's
26 Certificate Number G 17389 to Phillip Gilmore Wright, M.D. (Respondent). The Physician's and
27 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought herein
28 and will expire on December 31, 2018, unless renewed.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
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JURISDICTION
3. This Accusation is brought before the Board, under the authority of the following
laws. All section references are to the Business and Professions Code unless otherwise indicated.
4. Section 2227 of the Code provides that a licensee who is found guilty under the
Medical Practice Act may have his or her license revoked, suspended for a period not to exceed
one year, placed on probation and required to pay the costs of probation monitoring, or such other
action taken in relation to discipline as the Board deems proper.
5. Section 2234 of the Code, states in pertinent part:
"The board shall take action against any licensee who is charged with unprofessional
conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not
limited to, the following:
"(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the
violation of, or conspiring to violate any provision of this chapter.
"(b) Gross negligence.
"(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or
omissions. An initial negligent act or omission followed by a separate and distinct departure from
the applicable standard of care shall constitute repeated negligent acts.
"(d) Incompetence.
"(f) Any action or conduct which would have warranted the denial of a certificate.
" "
6. Section 3501 of the Code states in pertinent part:
"(1) 'Board' means the Physician Assistant Board.
"
"(4) 'Physician assistant' means a person who meets the requirements ofthis chapter
and is licensed by the board.
"(5) 'Supervising physician' means a physician and surgeon licensed by the Medical
Board of California or by the Osteopathic Medical Board of California who supervises one or
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-20I6-024002
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more physician assistants, who possesses a current valid license to practice medicine, and who is
not currently on disciplinary probation for improper use of a physician assistant.
"(6) 'Supervision' means that a licensed physician and surgeon oversees the activities
of, and accepts responsibility for, the medical services rendered by a physician assistant.
"(7) 'Regulations' means the rules and regulations as set forth in Chapter 13.8
(commencing with Section 1399 .500) of Title 16 of the California Code of Regulations.
"
"(1 0) 'Delegation of services agreement' means the writing that delegates to a
physician assistant from a supervising physician the medical services the physician assistant is
authorized to perform consistent with subdivision (a) of Section 1399.540 ofTitle 16 ofthe
California Code of Regulations.
"(11) 'Other specified medical services' means tests or examinations performed or
ordered by a physician assistant practicing in compliance with this chapter or regulations of the
Medical Board of California promulgated under this chapter.
"(b) A physician assistant acts as an agent of the supervising physician when
performing any activity authorized by this chapter or regulations adopted under this chapter."
7. Section 3502 of the Code states in pertinent part:
"(a) Notwithstanding any other provision of law, a physician assistant may perform
those medical services as set forth by the regulations adopted under this chapter when the services
are rendered under the supervision of a licensed physician and surgeon who is not subject to a
disciplinary condition imposed by the Medical Board of California prohibiting that supervision or
prohibiting the employment of a physician assistant.
"
"The supervising physician and surgeon shall be physically available to the physician
assistant for consultation when such assistance is rendered ....
"(c)( 1) A physician assistant and his or her supervising physician and surgeon shall
establish written guidelines for the adequate supervision of the physician assistant. This
requirement may be satisfied by the supervising physician and surgeon adopting protocols for
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 some or all of the tasks performed by the physician assistant. The protocols adopted pursuant to
2 this subdivision shall comply with the following requirements:
3 "(A) A protocol governing diagnosis and management shall, at a minimum, include
4 the presence or absence of symptoms, signs, and other data necessary to establish a diagnosis or
5 assessment, any appropriate tests or studies to order, drugs to recommend to the patient, and
6 education to be provided to the patient.
7 "(B) A protocol governing procedures shall set forth the information to be provided
8 to the patient, the nature of the consent to be obtained from the patient, the preparation and
9 technique of the procedure, and the follow up care.
10 "(C) Protocols shall be developed by the supervising physician and surgeon or
11 adopted from, or referenced to, texts or other sources.
12 "(D) Protocols shall be signed and dated by the supervising physician and surgeon
13 and the physician assistant.
14 "(2)(A)(i) The supervising physician and surgeon shall review, countersign, and date a
15 sample consisting of, at a minimum, 5 percent of the medical records of patients treated by the
16 physician assistant functioning under the protocols within 30 days of the date of treatment by the
1 7 physician assistant.
18 "(B) ... The supervising physician and surgeon shall select for review those cases that by
19 diagnosis, problem, treatment, or procedure represent, in his or her judgment, the most significant
20 risk to the patient.
21 "(3) Notwithstanding any other provision of law, the Medical Board of California or
22 board may establish other alternative mechanisms for the adequate supervision of the physician
23 assistant.
24
25
" "
8. Section 3502.1 of the Code states in pertinent part:
26 "(a) In addition to the services authorized in the regulations adopted by the Medical
27 Board of California, and except as prohibited by Section 3502, while under the supervision of a
28 licensed physician and surgeon or physicians and surgeons authorized by law to supervise a
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 physician assistant, a physician assistant may administer or provide medication to a patient, or
2 transmit orally, or in writing on a patient's record or in a drug order, an order to a person who may
3 lawfully furnish the medication or medical device pursuant to subdivisions (c) and (d).
4 "(1) A supervising physician and surgeon who delegates authority to issue a drug
5 order to a physician assistant may limit this authority by specifying the manner in which the
6 physician assistant may issue delegated prescriptions.
7 "(2) Each supervising physician and surgeon who delegates the authority to issue a
8 drug order to a physician assistant shall first prepare and adopt, or adopt, a written, practice
9 specific, formulary and protocols that specify all criteria for the use of a particular drug or device,
10 and any contraindications for the selection. Protocols for Schedule II controlled substances shall
11 address the diagnosis of illness, injury, or condition for which the Schedule II controlled
12 substance is being administered, provided, or issued. The drugs listed in the protocols shall
13 constitute the formulary and shall include only drugs that are appropriate for use in the type of
14 practice engaged in by the supervising physician and surgeon. When issuing a drug order, the
15 physician assistant is acting on behalf of and as an agent for a supervising physician and surgeon.
16 "(b) 'Drug order,' for purposes of this section, means an order for medication that is
17 dispensed to or for a patient, issued and signed by a physician assistant acting as an individual
18 practitioner within the meaning of Section 1306.02 of Title 21 ofthe Code ofFederal
19 Regulations. Notwithstanding any other provision of law, (1) a drug order issued pursuant to this
20 section shall be treated in the same manner as a prescription or order of the supervising physician,
21 (2) all references to 'prescription' in this code and the Health and Safety Code shall include drug
22 orders issued by physician assistants pursuant to authority granted by their supervising physicians
23 and surgeons, and (3) the signature of a physician assistant on a drug order shall be deemed to be
24 the signature of a prescriber for purposes of this code and the Health and Safety Code.
25 "(c) A drug order for any patient cared for by the physician assistant that is issued by
26 the physician assistant shall either be based on the protocols described in subdivision (a) or shall
27 be approved by the supervising physician and surgeon before it is filled or carried out.
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1 "( 1) A physician assistant shall not administer or provide a drug or issue a drug order
2 for a drug other than for a drug listed in the formulary without advance approval from a
3 supervising physician and surgeon for the particular patient. At the direction and under the
4 supervision of a physician and surgeon, a physician assistant may hand to a patient of the
5 supervising physician and surgeon a properly labeled prescription drug prepackaged by a
6 physician and surgeon, manufacturer as defined in the Pharmacy Law, or a pharmacist.
7 "(2) A physician assistant shall not administer, provide, or issue a drug order to a
8 patient for Schedule II through Schedule V controlled substances without advance approval by a
9 supervising physician and surgeon for that particular patient unless the physician assistant has
10 completed an education course that covers controlled substances and that meets standards,
11 including pharmacological content, approved by the board. The education course shall be
12 provided either by an accredited continuing education provider or by an approved physician
13 assistant training program. If the physician assistant will administer, provide, or issue a drug
14 order for Schedule II controlled substances, the course shall contain a minimum ofthree hours
15 exclusively on Schedule II controlled substances. Completion of the requirements set forth in this
16 paragraph shall be verified and documented in the manner established by the board prior to the
17 physician assistant's use of a registration number issued by the United States Drug Enforcement
18 Administration to the physician assistant to administer, provide, or issue a drug order to a patient
19 for a controlled substance without advance approval by a supervising physician and surgeon for
20 that particular patient.
21 "(3) Any drug order issued by a physician assistant shall be subject to a reasonable
22 quantitative limitation consistent with customary medical practice in the supervising physician
23 and surgeon's practice.
24 "(d) A written drug order issued pursuant to subdivision (a), except a written drug
25 order in a patient's medical record in a health facility or medical practice, shall contain the printed
26 name, address, and telephone number of the supervising physician and surgeon, the printed or
27 stamped name and license number of the physician assistant, and the signature ofthe physician
28 assistant. Further, a written drug order for a controlled substance, except a written drug order in a
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patient's medical record in a health facility or a medical practice, shall include the federal
controlled substances registration number of the physician assistant and shall otherwise comply
with the provisions of Section 11162.1 of the Health and Safety Code. Except as otherwise
required for written drug orders for controlled substances under Section 11162.1 of the Health and
Safety Code, the requirements of this subdivision may be met through stamping or otherwise
imprinting on the supervising physician and surgeon's prescription blank to show the name,
license number, and if applicable, the federal controlled substances registration number of the
physician assistant, and shall be signed by the physician assistant. When using a drug order, the
physician assistant is acting on behalf of and as the agent of a supervising physician and surgeon.
"(e)( 1) The medical record of any patient cared for by a physician assistant for whom
the physician assistant's Schedule II drug order has been issued or carried out shall be reviewed
and countersigned and dated by a supervising physician and surgeon within seven days.
"
9. California Code of Regulations, title 16, section 1399.540, states in pertinent part:
15 "(a) A physician assistant may only provide those medical services which he or she is
16 competent to perform and which are consistent with the physician assistant's education, training,
17 and experience, and which are delegated in writing by a supervising physician who is responsible
18 for the patients cared for by that physician assistant.
19 "(b) The writing which delegates the medical services shall be known as a delegation
20 of services agreement. A delegation of services agreement shall be signed and dated by the
21 physician assistant and each supervising physician. A delegation of services agreement may be
22 signed by more than one supervising physician only if the same medical services have been
23 delegated by each supervising physician. A physician assistant may provide medical services
24 pursuant to more than one delegation of services agreement.
25 "(c) The board or Medical Board of California or their representative may require
26 proof or demonstration of competence from any physician assistant for any tasks, procedures or
27 management he or she is performing.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 "(d) A physician assistant shall consult with a physician regarding any task,
2 procedure or diagnostic problem which the physician assistant determines exceeds his or her level
3 of competence or shall refer such cases to a physician."
4 10. California Code ofRegulations, title 16, section 1399.541, states:
5 "Because physician assistant practice is directed by a supervising physician, and a
6 physician assistant acts as an agent for that physician, the orders given and tasks performed by a
7 physician assistant shall be considered the same as if they had been given and performed by the
8 supervising physician. Unless otherwise specified in these regulations or in the delegation or
9 protocols, these orders may be initiated without the prior patient specific order of the supervising
1 0 physician.
11 "In any setting, including for example, any licensed health facility, out-patient
12 settings, patients' residences, residential facilities, and hospices, as applicable, a physician
13 assistant may, pursuant to a delegation and protocols where present:
14 "(a) Take a patient history; perform a physical examination and make an assessment
15 and diagnosis therefrom; initiate, review and revise treatment and therapy plans including plans
16 for those services described in Section 1399.541(b) through Section 1399.541(i) inclusive; and
17 record and present pertinent data in a manner meaningful to the physician.
18 "(b) Order or transmit an order for x-ray, other studies, therapeutic diets, physical
19 therapy, occupational therapy, respiratory therapy, and nursing services.
20 "(c) Order, transmit an order for, perform, or assist in the performance of laboratory
21 procedures, screening procedures and therapeutic procedures.
22 "(d) Recognize and evaluate situations which call for immediate attention of a
23 physician and institute, when necessary, treatment procedures essential for the life of the patient.
24 "(e) Instruct and counsel patients regarding matters pertaining to their physical and
25 mental health. Counseling may include topics such as medications, diets, social habits, family
26 planning, normal growth and development, aging, and understanding of and long-term
27 management of their diseases.
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"(f) Initiate arrangements for admissions, complete forms and charts pertinent to the
patient's medical record, and provide services to patients requiring continuing care, including
patients at home.
"(g) Initiate and facilitate the referral of patients to the appropriate health facilities,
agencies, and resources of the community.
"(h) Administer or provide medication to a patient, or issue or transmit drug orders
orally or in writing in accordance with the provisions of subdivisions (a)-(f), inclusive, of Section
3502.1 ofthe Code.
"
"(2) A physician assistant may also act as first or second assistant in surgery under
the supervision of a supervising physician. The physician assistant may so act without the
personal presence ofthe supervising physician if the supervising physician is immediately
available to the physician assistant. "Immediately available" means the physician is physically
accessible and able to return to the patient, without any delay, upon the request of the physician
assistant to address any situation requiring the supervising physician's services."
11. California Code ofRegulations, title 16, section 1399.545, states:
"(a) A supervising physician shall be available in person or by electronic
communication at all times when the physician assistant is caring for patients.
"(b) A supervising physician shall delegate to a physician assistant only those tasks
and procedures consistent with the supervising physician's specialty or usual and customary
practice and with the patient's health and condition.
"(c) A supervising physician shall observe or review evidence of the physician
assistant's performance of all tasks and procedures to be delegated to the physician assistant until
assured of competency.
"(d) The physician assistant and the supervising physician shall establish in writing
transport and back-up procedures for the immediate care of patients who are in need of emergency
care beyond the physician assistant's scope of practice for such times when a supervising
physician is not on the premises.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 "(e) A physician assistant and his or her supervising physician shall establish in
2 writing guidelines for the adequate supervision of the physician assistant which shall include one
3 or more of the following mechanisms:
4 "( 1) Examination of the patient by a supervising physician the same day as care is
5 given by the physician assistant;
6 "(2) Countersignature and dating of all medical records written by the physician
7 assistant within thirty (30) days that the care was given by the physician assistant;
8 "(3) The supervising physician may adopt protocols to govern the performance of a
9 physician assistant for some or all tasks. The minimum content for a protocol governing
10 diagnosis and management as referred to in this section shall include the presence or absence of
11 symptoms, signs, and other data necessary to establish a diagnosis or assessment, any appropriate
12 tests or studies to order, drugs to recommend to the patient, and education to be given the patient.
13 For protocols governing procedures, the protocol shall state the information to be given the
14 patient, the nature ofthe consent to be obtained from the patient, the preparation and technique of
15 the procedure, and the follow-up care. Protocols shall be developed by the physician, adopted
16 from, or referenced to, texts or other sources. Protocols shall be signed and dated by the
17 supervising physician and the physician assistant. The supervising physician shall review,
18 countersign, and date a minimum of 5% sample of medical records of patients treated by the
19 physician assistant functioning under these protocols within thirty (30) days. The physician shall
20 select for review those cases which by diagnosis, problem, treatment or procedure represent, in his
21 or her judgment, the most significant risk to the patient;
22 "( 4) Other mechanisms approved in advance by the board.
23 "(f) The supervising physician has continuing responsibility to follow the progress of
24 the patient and to make sure that the physician assistant does not function autonomously. The
25 supervising physician shall be responsible for all medical services provided by a physician
26 assistant under his or her supervision."
27 Ill
28 Ill
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
BACKGROUND
2 12. During the relevant time period, Respondent was a board certified general surgeon.
3 In January of 2013, Bernard Williams (Mr. Williams), a physician assistant1, contacted
4 Respondent and asked if he would act as his supervising physician. Respondent and Mr.
5 Williams had previously worked together at a county hospital many years earlier. Mr. Williams
6 told Respondent that he had been providing medical care to detox patients at a drug rehabilitation
7 center ("Drug Rehab") under the former supervision of a physician, who had recently left Drug
8 Rehab. Mr. Williams wanted to continue providing care to detox patients at Drug Rehab but
9 needed to have a supervising physician. Although Respondent had never been trained in
1 0 addiction medicine or been board certified in addiction medicine and was no longer treating
11 patients in his current practice, he agreed to act as a supervising physician and supervise Mr.
12 Williams' care of detox patients at Drug Rehab.
13 13. On or about March 13, 2013, Respondent began "supervising" Mr. Williams.
14 Respondent and Mr. Williams did not have a delegation of services agreement nor did they
15 establish any written guidelines for the adequate supervision of a physician assistant. Respondent
16 and Mr. Williams did not establish protocols for any of the tasks to be performed by Mr.
17 Williams. Respondent and Mr. Williams did not have any written protocols governing the
18 diagnosis and management of patients. Additionally, although Respondent knew that Mr.
19 Williams was writing controlled substance prescriptions, Respondent and Mr. Williams did not
20 have a written controlled substance prescribing protocol or formulary.
21 14. As part of Respondent's arrangement with Mr. Williams, Respondent allowed Mr.
22 Williams to independently examine, evaluate, and diagnose patients at Drug Rehab. Respondent
23 was not present for these visits and did not examine the patients himself. Mr. Williams saw over
24 four hundred ( 400) patients while under the supervision of Respondent. Respondent did not
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1 On January 21,2017, the California Physician Assistant Board filed Accusation No. 950-2014-000286 against Bernard Williams for unprofessional conduct and/or gross negligence, unlicensed practice of medicine, prescribing controlled substances without adequate supervision, dishonesty, procuring substances by fraud, unlawfully representing himself as a physician, and for creating false medical records.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 question any ofMr. Williams' decisions and deferred to him in terms of the care that was
2 provided to the detox patients.
3 15. For the first three months of the supervision, Respondent visited Drug Rehab about
4 once a week to meet with Mr. Williams. Most of the time was spent "settling accounts" between
5 Respondent and Mr. Williams as they had agreed to share fees. After the first few months,
6 Respondent reduced his visits and only visited Drug Rehab about once a month. As part of his
7 supervision, Respondent rarely reviewed any of the detox patients' medical charts. Respondent
8 only reviewed a few select charts when he was at Drug Rehab for his weekly or monthly meetings
9 with Mr. Williams.
10 16. Respondent also permitted Mr. Williams to establish detox protocols and treatment
11 plans for the detox patients and to prescribe controlled substances to the patients. In fact,
12 Respondent renewed his DEA license for the sole purpose of allowing Mr. Williams to continue
13 prescribing controlled substances to the detox patients. However, Respondent did not review any
14 CURES reports with respect to the detox patients or take any other steps to monitor the controlled
15 substances written by Mr. Williams.2
16 Ill
17 Ill
18 II I
19 Ill
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2 The CURES is a program operated by the California Department of Justice (DOJ) to assist health care practitioners in their efforts to ensure appropriate prescribing of controlled substances, and law enforcement and regulatory agencies in their efforts to control diversion and abuse of controlled substances. (Health & Saf. Code, § 11165.) California law requires dispensing pharmacies to report to the DOJ the dispensing of Schedule II, III and IV controlled substances as soon as reasonably possible after the prescriptions are filled. (Health & Saf. Code, § 11165, subd. (d).) The history of controlled substances dispensed to a specific patient based on the data contained in the CURES is available to a health care practitioner who is treating that patient. (Health & Saf. Code,§ 11165.1, subd. (a).)
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 CAUSE FOR DISCIPLINE
2 (Unprofessional Conduct/Failure to Appropriately Supervise Physician Assistant/Gross
3 Negligence/Repeated Negligent Acts)
4 Patient D.G.3
5 17. Between January 2014 and June 2014, Mr. Williams wrote prescriptions for
6 controlled substances, including Norco4, Lorazepam5
, Ambien6, Temazepam (Restorilf to Patient
7 D.G. In the process of issuing these prescriptions, Mr. Williams falsely signed Respondent's
8 name on the prescription slips. Respondent did not discuss these prescriptions with Mr. Williams
9 or give his approval to him prior to Mr. Williams writing these prescriptions. D.G's medical
1 0 records do not contain any documentation regarding a discussion between Respondent and Mr.
11 Williams regarding Patient D.G's prescriptions or any other aspects of the "care" provided by Mr.
12 Williams. Additionally, Respondent failed to countersign the medical records within seven (7)
13 days for the Schedule II drugs that were prescribed to Patient D.G.
14 Patient N.W.
15 18. Between August 2013 and November 2013, Mr. Williams wrote prescriptions for
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controlled substances, including Norco and Lorazepam to Patient N.W. In the process of issuing
the prescriptions, Mr. Williams falsely signed the name of Respondent on the prescription slips,
without Respondent's knowledge or authority. Respondent and Mr. Williams did not have any
controlled substance protocols in place. Respondent did not discuss these prescriptions with Mr.
Williams or give his approval prior to Mr. Williams writing these prescriptions. N. W.' s medical
3 The patients will be identified by their initials to protect their identity and privacy. The Respondent may learn the patients' information through the discovery process.
4 Norco is a dangerous drug as defined in section 4022 and a schedule II controlled substance.
5 Lorazepam is a dangerous drug as defined in section 4022 and a schedule IV controlled substance.
6 Ambien is a dangerous drug as defined in section 4022 and a schedule IV controlled substance.
7Temazepam is a dangerous drug as defined in section 4022 and a schedule IV controlled substance.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 records do not contain any documentation regarding a discussion between Respondent and Mr.
2 Williams regarding any aspects of the "care" provided by Mr. Williams. Additionally,
3 Respondent failed to countersign the medical records within seven (7) days for the Schedule II
4 drugs that were prescribed to Patient N.W.
5 Patient F.P.
6 19. Between October 2013 and November 4, 2013, Mr. Williams wrote prescriptions for
7 controlled substances, including Norco, Lorazepam, and Halcion (Triazolam). 8
8 In the process of issuing the prescriptions, Mr. Williams falsely signed the name of Respondent
9 on the prescription slips, without Respondent's knowledge or authority. Respondent and Mr.
10 Williams did not have any controlled substance protocols in place. Respondent did not discuss
11 these prescriptions with Mr. Williams or give his approval prior to Mr. Williams writing the
12 prescriptions. F.P's medical records do not contain any documentation regarding a discussion
13 between Respondent and Mr. Williams regarding any aspects of the "care" provided by Mr.
14 Williams. Additionally, Respondent failed to countersign the medical records within seven (7)
15 days for the Schedule II drugs that were prescribed to Patient F .P.
16 Patient T.H
17 20. In June 2014, Mr. Williams wrote prescriptions for controlled substances, including
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Lorazepam, Ambien, Halcion (Triazolam), and Buprenorphine9 to Patient T.H. In the process of
issuing the prescriptions, Mr. Williams falsely signed the name of Respondent on the prescription
slips, without Respondent's knowledge or authority. Respondent and Mr. Williams did not have
any controlled substance protocols in place. Respondent did not discuss these prescriptions with
Mr. Williams or give his approval prior to Mr. Williams writing the prescriptions. T.H. 's medical
records do not contain any documentation regarding a discussion between Respondent and Mr.
Williams regarding Patient T.H.'s prescriptions or any other aspects of the "care" provided by Mr.
8 Triazolam is a dangerous drug as defined in section 4022 and a Schedule IV controlled substance.
9 Buprenorphine is a dangerous drug as defined in section 4022 and a Schedule IV controlled substance.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 Williams.
2 Patient T.F.
3 21. Between August 2013 and May 2014, Mr. Williams wrote prescriptions for controlled
4 substances, including Norco, Lorazepam, Clonazepam 10, Halcion (Triazolam), and Valium 11 to
5 Patient T.F. In the process of issuing the prescriptions, Mr. Williams falsely signed the name of
6 Respondent on the prescription slips, without Respondent's knowledge or authority. Respondent
7 and Mr. Williams did not have any controlled substance protocols in place. Respondent did not
8 discuss these prescriptions with Mr. Williams or give his approval prior to Mr. Williams writing
9 the prescriptions. T.F. 's medical records do not contain any documentation regarding a
10 discussion between Respondent and Mr. Williams regarding any aspects of the "care" provided by
11 Mr. Williams. Additionally, Respondent failed to countersign the medical records within seven
12 (7) days for the Schedule II drugs that were prescribed to Patient T .F.
13 Patient J.W.
14 22. In June 2014, Mr. Williams wrote prescriptions for controlled substances, including
15 Norco, Lorazepam, and Valium to Patient J.W. In the process of issuing the prescriptions, Mr.
16 Williams falsely signed the name ofRespondent on the prescription slips, without Respondent's
17 knowledge or authority. Respondent and Mr. Williams did not have any controlled substance
18 protocols in place. Respondent did not discuss these prescriptions with Mr. Williams or give his
19 approval prior to Mr. Williams writing the prescriptions. J.W.'s medical records do not contain
20 any documentation regarding a discussion between Respondent and Mr. Williams regarding any
21 aspects of the "care" provided by Mr. Williams. Additionally, Respondent failed to countersign
22 the medical records within seven (7) days for the Schedule II drugs that were prescribed to Patient
23 J.W.
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1° Clonazepam is a dangerous drug as defined in section 4022 and a Schedule IV controlled substance.
11 Valium is a dangerous drug as defined in section 4022 and a Schedule IV controlled substance.
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
1 23. Respondent is guilty ofunprofessional conduct and/or gross negligence and/or
2 repeated negligent acts, and/or incompetence in that he failed to appropriately supervise Mr.
3 Williams' care and treatment ofPatients D.G., N.W., F.P., T.H., T.F., and J.W. and because he
4 allowed Mr. Williams to treat patients, including prescribing dangerous drugs and controlled
5 substances without any meaningful supervision or oversight. Respondent purported to supervise
6 Mr. Williams without adhering to the statutory and regulatory requirements pertaining to the
7 supervision of physician assistants. Additionally, Respondent lacked the relevant knowledge,
8 skills, or experience to appropriately supervise Mr. Williams. Accordingly, Respondent is subject
9 to disciplinary action under Code Sections 2234, 2234 (a), (b), and (c); 3501, 3502, 3502.1 and
10 California Code ofRegulations Sections 1399.541 and 1399.545.
11
12 PRAYER
13 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
14 and that following the hearing, the Medical Board of California issue a decision:
15 1. Revoking or suspending Physician's and Surgeon's Certificate Number G 17389,
16 issued to Phillip Gilmore Wright, M.D.;
17 2. Revoking, suspending or denying approval of Phillip Gilmore Wright, M.D.'s
18 authority to supervise physician assistants and advanced practice nurses, pursuant to section 3527
19 ofthe Code;
20 3. Ordering Phillip Gilmore Wright, M.D., if placed on probation, to pay the Board the
21 costs of probation monitoring; and
22 4. Taking such other and further action as deemed necessary and proper.
23
24 DATED: Apr i 1 1 0, 2 0 1 7
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Executive Direc or Medical Board of California Department of Consumer Affairs State of California Complainant
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(PHILLIP GILMORE WRIGHT, M.D.) ACCUSATION NO. 800-2016-024002
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